Working together on health and safety

Nelson Health and

Safety Forum

14 October 2015

Jo Pugh

Deputy General
Manager,
Assessments
 HEALTH AND SAFETY RECORD

• 73 people die at work every year

• 1 in 10 is harmed
• At least 600 die from work-related diseases
(National Health Board data)
• 200,000 ACC claims for work-related harm
• $3.5 billion in costs (2-4 percent of GDP)
• Devastating emotional toll

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 THE CHALLENGE TO BE MET

AT LEAST 25% REDUCTION IN

DEATHS AND SERIOUS INJURIES AT
WORK BY 2020

10% REDUCTION BY 2016

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 THE EFFECTIVE REGULATOR

With those who influence

Engage the workplace

What good looks like

and how to comply
Educate

Proportionately,
consistently
Enforce

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 OUR PRIORITIES

Targeting risk

Working together

Rebuilding Canterbury safely

Working smarter

Strengthening WorkSafe

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 OUR APPROACH
• Intelligence-led analysis of risk

• Focus on causes and patterns, not just hazards and incidents

• Engagement with key agencies, stakeholders and workplaces

• Credible and proportionate enforcement

• Progressive shift from focus on activities to results

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 WORKING TOGETHER

• Our doors are open

• It’s not all on you – we are here to help

• New strategy and stakeholder engagement

team

• We will engage to lead

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 NEW WAY OF WORKING - FORESTRY
• 10 deaths in 2013
• Required direct regulatory
intervention
• 1700 visits and 1600
enforcements
• 1 death in 2014 and 2 in 2015.
• 60% reduction in serious harms
• New intervention approach
being built based on this
intelligence

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NEW WAY OF WORKING – SAFER FARMS

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 ATTITUDES AND BEHAVIOURS SURVEY

Mismatch between workers’

views on safety vs extent of
Acknowledge the potential for harm injuries and near misses

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 ATTITUDES AND BEHAVIOURS SURVEY

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WHAT HAS BEEN ACHIEVED: 2014-2015

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 WHAT HAS BEEN ACHIEVED: 2014-2015

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 THE MYTHS

The Myth: Paper cuts are now a big deal.

The Reality: False. The new legislation emphasises

proportionality - what a business needs to do
depends on its level of risk and what it can control.

The Myth: It’ll be expensive to comply.

The Reality: False. The most important thing to do

costs nothing. Talk to employees about how to work
safely.

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 THE MYTHS

The Myth: If someone gets hurt I’ll go to prison.

The Reality: False. Penalties such as hefty fines and imprisonment

are only imposed in extreme circumstances.

The Myth: This means LOADS of paperwork.

The Reality: False. Paperwork does not equal managing risk and
managing risk does not equal paperwork. You only need
documents if this is the best way to manage and minimise critical
risks.

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 THE MYTHS

The Myth: WorkSafe inspectors spy on workplaces with binoculars.

The Reality: No, we don’t hang outside workplace trying to catch

people out. In fact, 2/3 of our inspectors undertake assessments,
proactively working with businesses to prevent harm. We have a
planned programme of inspection activities targeted at high risk
sectors which includes education about responsibilities and
engaging with those industries to develop best practice.

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 THE MYTHS

The Myth: WorkSafe closes businesses.

The Reality: Our aim is to reduce the unacceptable level of harm

and fatalities in NZ workplaces, not to close them down. In fact a
strong commitment to a healthy workplace can deliver better staff
retention and engagement, greater client commitment and
improved productivity. Good health and safety is good for business.

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 THE MYTHS

The Myth: We go around fining employers – and the fines are too
high.

The Reality: We enforce the law where we have to - where

employers and employees fail in their duties and place themselves
or others at risk. But prosecution is seen as a last resort not a first
step and is not a decision taken lightly.

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 THE MYTHS

The Myth: WorkSafe will outlaw harnesses and all those working at
height must use scaffolds

The Reality: Safety precautions should reflect the level of risk of the
job. New builds and major restoration will require edge
protection. Not only does a good scaffold improve safety – once it’s
up it can lift productivity. Of course not every project requires full-on
scaffolding. Sometimes a job is short duration and low risk. That’s
when it might be perfectly reasonable to use a step ladder or a safety
harness instead. The key is to select the right equipment for the job.
If using harness significant training, planning and specialised
equipment will be required.
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 HEALTH AND SAFETY AT WORK ACT

• The Act has now been passed by Parliament

• The new law (the Health and Safety at Work Act)
and supporting regulations will come into force
on 4 April 2016
• Supporting regulations are being developed

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THE HEALTH AND SAFETY AT WORK ACT

Do I have a What is my
responsibility? responsibility?

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 KEY ELEMENTS

www.worksafe.govt.nz

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 WHAT IS A PCBU?

A “person” conducting a business or undertaking

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 WHO ISN’T A PCBU?

Workers Volunteer Associations

Officers Home Occupiers

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 THE PCBU HOLDS THE PRIMARY
DUTY OF CARE…

Because those who create risk…

Are responsible for managing it.

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 WHAT IS THE PRIMARY
DUTY OF CARE?

The PCBU is required to look after the workers it employs or

engages, as well as those workers influenced or directed by
the PCBU

The PCBU must also ensure others’ health and safety is not
put at risk from the conduct of the business or undertaking

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 “SO FAR AS IS REASONABLY
PRACTICABLE…”

What is or was reasonably able to be done to ensure health

and safety, taking into account and weighing up all reasonable
matters

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 UPSTREAM ACTIVITIES

Designers
Install

Manufacturers
Construct
Suppliers
Commission
Importers

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 DUTY TO CONSULT, COOPERATE
AND COORDINATE

PCBUs must discharge their duty to the extent possible based

on ability to influence and control the matter

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 OVERLAPPING AND SHARED DUTIES

Architect Electrician

Builder Carpet layer

Plumber Painter

‘Contracting in’

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 WHO IS AN OFFICER?

“…exercise significant influence over the management of

the business or undertaking (for example a chief
executive).

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 OFFICERS’ DUTIES

Due diligence

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 OFFICER DUTIES V PCBU DUTIES

Officers do not have to directly PCBU holds primary duty for

ensure health and safety. health and safety.
They must exercise due diligence Officer’s due diligence
that the PCBU is meeting its complements this duty – it
primary duties. doesn’t replace it.

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WORKERS AND OTHERS (VISITORS, ETC)

“Reasonable care” to ensure their own safety and

the safety of others

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 WORKER PARTICIPATION

“Workers and managers

must work together closely
to find joint solutions to
common risks and
problems.”

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